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SCIUTO v. IANNUCCI FOOD CORP.

219 A.D.2d 635 (1995)

631 N.Y.S.2d 533

Alfio Sciuto et al., Respondents, v. Iannucci Food Corp. et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

September 18, 1995

Ordered that the appeal of the defendant Francesco Iannucci is dismissed, without costs or disbursements, since he is not aggrieved by the portion of the judgment appealed from (see, CPLR 5511); and it is further,

Ordered that the judgment is affirmed insofar as appealed from, with costs.

Failure of consideration gives an aggrieved party the right to rescind a contract (see, 6 Williston, Contracts § 814, at 10 [3d ed 1961]; see also<...

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